Volume 740, Page 56 View pdf image |
Defendant knoweth not it not been Made Certaine therefore Can have No certaine Answer given thereto. the plaintf. goeth further in Said Declaration and Alledgeth that the Defendt. did Assume upon himself to pay unto the said Plaintf the Sume of 567½lb of tobacco and by the Account upon which the Declaration is grounded the whole Sum of the particulars therein Contained Amount but to ye. Sume of 560½lb of tobacco which is A Manifest Variance &ca. And in Said Account there is diverse Articles over= =Charged above What the Act of Assembly and the Assessmt. of the Justices of Kent County Court Alloweth Vizt. Wine Rum Sydr. &ca. for which reasons the Said defendt. prayeth As afd Earle pr defce And the Sd Replication Says that the declaration of the afd Edward And the Account thereunto Annexed is Suffici: :ent in Law to Cause the Said Defendt. to make answr: thereunto and this he is ready to Averr And there= :upon prays Judgt. for the debt and Damages to be Adjudged unto him Macklin pr qr. Which pleadings and Allegations of the Attrys on both Sides being by the Court heard, weighed And Maturely deliberated, It by the Court is Considered this Seventh day of Aprill Anno Dom 1702 that the Said Edward Fry take nothing of his Account afd but be in Mercy for his false Clamour And that the Said Samuel Tovy, as to the writ afd, go thereof without day. And it is likewise Considered the Same day and year by the Sd. Court that the Said Samuel Recover against the Sd Edward Fry the Sume of two hundred and Six ~ ~ ~ pounds of tobacco for his Costs and Charges in this behalf laid out and Expended According to the form of the Statute In Such Cases Made and provided. |
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Volume 740, Page 56 View pdf image |
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